Williams v. Canarecci et al
Filing
39
OPINION AND ORDER granting 31 MOTION to Amend/Correct 1 Pro Se Complaint filed by Michael Williams.Amendment to the pleadings to be filed by 9/17/2012. Signed by Judge Rudy Lozano on 8/13/2012. (forms sent)(kds)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
MICHAEL WILLIAMS,
)
)
)
)
)
)
)
)
)
Plaintiff,
vs.
FRANK CANARECCI, et al.,
Defendants.
CAUSE NO. 3:11-CV-47
OPINION AND ORDER
This
matter
is
before
the
Court
on
Plaintiff
Michael
Williams’s motion for leave to amend his complaint. For the reasons
set forth below, the Court GRANTS the Plaintiff leave to amend his
complaint and affords him time within which to file an amended
complaint containing all of the claims the Plaintiff wishes to
present
to
the
Court,
and
naming
all
of
the
defendants
the
Plaintiff wishes to sue.
Williams is a federal prisoner currently confined at the Terre
Haute United States Penitentiary. His complaint deals with events
that occurred while he was confined at the St. Joseph County Jail
in October 2010. The Court screened the complaint pursuant to 28
U.S.C. § 1915A, granted the Plaintiff leave to proceed against
Custody Captain N. Huffvine in his individual capacity for damages
on the claim that he used excessive and unnecessary force on the
Plaintiff, allowed him to proceed against Jail Warden Julie Lawson
in her individual capacity for damages on the claim that she was
deliberately
indifferent
to
his
serious
medical
needs,
and
dismissed all other claims and Defendants pursuant to Section
1915A.
In his original complaint, Williams named a Jane Doe Property
Officer and John Doe Custody Officers. The Court dismissed these
defendants in its screening order with the proviso that “[i]f
Williams is later able to identify these jail officials through
discovery, he may seek to amend his complaint to add them as
defendants” (DE 4 at 15). In his motion for leave to amend his
complaint, Williams states that he has now identified some of the
Doe defendants, and seeks to add Jail Property Officer Yolanda
Miller-Lewis, Custody Sergeant David Williams, and Custody Officer
Nestor Gomez as defendants.
Federal Rule of Civil Procedure 15(a) provides that leave to
amend a complaint should be “freely given when justice so requires.” Accordingly, the Court will grant the Plaintiff leave to
file one comprehensive amended complaint containing all of the
claims the Plaintiff wishes to present to the Court, and naming all
of the defendants the Plaintiff wishes to sue. The Plaintiff need
not serve Defendants Huffvine and Lawson with a copy of the amended
complaint, but he must serve their counsel with a copy of the
amended
complaint.
The
Plaintiff
must
submit
the
materials
necessary for the Marshals Service to serve any defendants he
wishes to add in his amended complaint.
For the foregoing reasons, the Court:
2
(1) GRANTS the Plaintiff’s motion for leave to amend his
complaint (DE 31), and AFFORDS him until September 17, 2012, within
which to file an amended complaint containing all of the claims he
wishes to present to the Court, and naming all of the defendants he
wishes to sue;
(2) DIRECTS the Clerk to enclose a blank 42 U.S.C. § 1983 form
with this cause number printed on it with the copy of this order
sent to the Plaintiff. The Court also DIRECTS the Clerk to enclose
sufficient summonses and process receipt and return forms for three
new defendants along with the copy of this Order sent to the
Plaintiff; and
(3) VACATES the scheduling order (DE 24). The Court will enter
another scheduling order after the amended complaint is screened.
DATED: August 13, 2012
/S/RUDY LOZANO, Judge
United States District Court
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?